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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Laxmi Civil Engineering Services Pvt. Ltd, Represented By Its Executive Director – Appellant
Versus
Kerala Water Authority, Represented By Its Managing Director – Respondent
JUDGMENT :
(Anil K. Narendran, J.)
1. Since common issues are involved, these writ appeals were heard together and are being disposed of by this common judgment.
2. W.A.No.811 of 2023:- The appellant, namely, Laxmi Civil Engineering Services Pvt. Ltd., filed W.P.(C) No.10993 of 2023 before this Court, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P16 pre-qualification approval of tenders dated 25.03.2023 issued by the 4th respondent Superintending Engineer, Kerala Water Authority, PH Circle, Kozhikode to the extent it disqualified the petitioner in Ext.P1 e-tender notice dated 13.09.2022 regarding Jal Jeevan Mission (JJM) Phase II : Water Supply Scheme (WSS) to Chathamangalam and adjoining panchayats in Kozhikode District. The further reliefs sought for are a declaration that the petitioner is prequalified to get the work tendered in Ext.P1 e-tender notice dated 13.09.2022 and Ext.P2 notice inviting tender (Volume I); a writ of certiorari quashing Ext.P16 to the extent it prequalified the 5th and 6th respondents, namely, Midland Engineering and Contracting Company and one Joseph John and
Courts should refrain from interfering with tender evaluation decisions unless there are clear legal infirmities or arbitrariness in the process.
Tender evaluation must prioritize relevant experience and qualifications as stipulated in the notice inviting tenders, with courts deferring to specialized committees unless clear errors occur.
Judicial review in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
Compliance with tender requirements is essential for bid validity; failure to provide adequate documentation results in disqualification.
The court affirmed that judicial restraint is crucial when reviewing administrative decisions in tender processes, emphasizing the committee's discretion over technical qualifications.
The court reinforced the principle that judicial review of tender decisions requires a demonstration of manifest arbitrariness or illegality for interference, prioritizing the expertise of evaluation....
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
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